Why the SC’s decision to term the NewsClick founder’s arrest “illegal” is important
Hindustan TimesLast year, Prabir Purkayastha, the founder and editor-in-chief of NewsClick, was arrested for allegedly infusing foreign funds to push Chinese propaganda. In the judgment declaring Purkayastha’s arrest illegal, the SC emphasised the importance of complying with the requirements under Article 22 of the Constitution i.e., to inform the arrested person of the grounds for their arrest, and to ensure they can engage a legal counsel of their choice. Purkayastha’s counsel, Kapil Sibal, argued that such arrest provisions under PMLA and UAPA are ‘pari materia’, and thus the safeguard would also apply, a point affirmed by the court. Secondly, the constitutional objective goes beyond informing the arrested person of the reasons for their arrest; it is also to ensure they can engage legal counsel and mount a meaningful defence throughout the trial, starting from the remand stage. Presence of legal counsel of choice at the time of remand At the time of the NewsClick founder’s arrest, his advocate presented himself at the police station and provided his contact details as his appointed legal counsel.
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